Posted: 15th Apr, 2011 By: MarkJ


Several advocacy groups have today issued an
open letter that calls upon the British Phonographic Industry (BPI), a supposedly representative voice of the UK recorded music business (
Rights Holders), to
make public their proposals for a self-regulatory website blocking scheme with broadband ISPs.
The letter, which has been signed by the Open Rights Group (ORG), Article 19, Index on Censorship and Global Partners, proclaims that the proposed measures would act as a "
form of censorship and is a law enforcement task" and should therefore be subject to "
an open public debate".
Dear Geoff,
We understand that the BPI met with ISPs, Internet companies and government minister Ed Vaizey on Monday 4th April to discuss a private website blocking proposal in order to combat online copyright infringement.
As advocacy, consumer and public interest organisations, we are very concerned by this proposal. Website blocking is a form of censorship. Where decisions about blocking are unaccountable and when mistakes occur, there is the potential for infringement of citizens' freedom of expression. Furthermore, such schemes jeopardise people’s rights to due process and the broader need for oversight and accountability.
In short, website blocks, if widespread and compulsory for the vast majority of UK citizens, is a law enforcement task. It is a function of wide public interest affecting fundamental rights. It is therefore an activity that should be subject to human rights considerations and an open public debate.
For these reasons, we are extremely keen to have early sight of any proposals being put forward to Internet Service Providers, government officials and ministers.
We understand that your organization is involved in drafting such a private website blocking proposal. We would like you to confirm that you will publicly release any such proposals as soon as you circulate them for comment from government and ISPs.
Thank you,
The same letter has also been sent to
UK Music, the
Publishers Association, the
Motion Picture Association (MPA) and the
Premier League. Further details about the
Voluntary Code of Practice to block any website that is deemed to "
facilitate"
internet copyright infringement can be found
here and
here.
Earlier today the
European Court of Justice (ECJ) was told by its own Advocate General, Pedro Cruz Villalón, that measures which order any ISP to install a system for filtering and blocking electronic communications in order to protect intellectual property rights (copyright) in principle "
infringes fundamental rights" (
here).